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Ebaugh v. Medicredit Inc.
This is a federal court complaint and various attachments filed by David Philipps and other attorneys of Philipps and Philipps of Palos Hills on August 31, 2023, in the Eastern District of Missouri alleging FDCPA violations involving failure to cease communications and collections (1692c(c)), and communicating with a consumer represented by counsel (1692c(a)(2)). The complaint also addresses federal court standing.
Colburn v. Collection Professionals
This is a federal court complaint and various attachments filed by David Philipps or Palos Hills, Illinois, and Bradform Botes of Birmingham, Alabama on September 22, 2023, in the Eastern District of Missouri alleging FDCPA violations involving failure to report that a debt is disputed (1692e(8)), and unfair or unconscionable collection actions (1692f). The complaint also addresses federal court standing.
Gilman v. TRS Recovery Services, Inc.
This is a federal court complaint filed by David Philipps and other attorneys of Philipps and Philipps of Palos Hills on August 9, 2023, in the Northern District of Illinois alleging FDCPA violations involving failure to cease collections of a dispute debt without providing validation (1692g(b)), failure to cease communications and collections (1692c(c)), false, misleading and deceptive statements (1692e),, and harassing or abusive practices (1692d). The complaint also addresses federal court standing.
Sample Retainer Agreement
This is a sample retainer agreement between counsel and a class representative in a potential class action, setting out the limits of the counsel's representation and describing the client's responsibilities, settlement issues, attorney fees and costs, termination of the representation, and publicity.
89 Fed. Reg. 19,128 (Mar. 15, 2024)
The Consumer Financial Protection Bureau (CFPB or Bureau) amends Regulation Z, which implements the Truth in Lending Act (TILA), to address late fees charged by card issuers that together with their affiliates have one million or more open credit card accounts (referred to as ‘‘Larger Card Issuers’’ herein). This final rule adopts a late fee safe harbor threshold of $8 for those issuers and provides that the annual adjustments to reflect changes in the Consumer Price Index (CPI) do not apply to this $8 amount.
87 Fed. Reg. 58,439 (Sept. 27, 2022) (Statement on Competition and Innovation)
The Paperwork Reduction Act (PRA) authorization regarding the revised Policy on No-Action Letters and the Policy on the Compliance Assistance Sandbox (Policies) expires, and accordingly those Policies are no longer effective, as of September 30, 2022.
Opinion Request, In re Solo Funds, Inc. (Conn. Comm’r of Banking May 16, 2023)
In 2023, the Commissioner issued an opinion letter to SoLo Funds. The letter “takes the position that the identification of tip and donation amounts to lenders and parties such as SoLo prior to consumers being offered and receiving a loan via a platform such as the SoLo platform causes such tip and donation amounts to be ‘incident to or a condition of the extension of credit,’ therefore constituting ‘finance charges’ that must be included in the calculation of the loan’s APR pursuant to” Connecticut’s lending law.
88 Fed. Reg. 30388 (May 11, 2023) (proposed rule; residential PACE financing)
Section 307 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA) directs the Consumer Financial Protection Bureau (CFPB or Bureau) to prescribe ability-to-repay rules for Property Assessed Clean Energy (PACE) financing and to apply the civil liability provisions of the Truth in Lending Act (TILA) for violations. PACE financing is financing to cover the costs of home improvements that results in a tax assessment on the real property of the consumer.